How Is Pain and Suffering Calculated in Personal Injury Cases?

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How Is Pain and Suffering Calculated in Personal Injury Cases?

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Product Liability


Medical Malpractice


Product Liability

Pain and suffering is an often misunderstood element of your personal injury damages. The misunderstanding comes from the fact that the average person does not know how much they can get from pain and suffering. You can bet that the insurance company knows how much you should get, and they are trying to avoid paying it to you.

To get the money you deserve, you need to understand how pain and suffering damages are calculated. There are two possible methods that an insurance company uses, both of which may end up taking the subjectivity out of what should be an inherently subjective valuation.

The Multiplier Method

For longer-term injuries, the insurance company will use the multiplier method. They will start with your economic damages, primarily your medical bills.

Then, based on the severity of your injury, they will assign a multiplier to your medical bills to be a shorthand for pain and suffering. If you have suffered a broken bone or fracture, there may be a multiplier around one.

However, if you suffered something more serious, such as a spinal cord or traumatic brain injury, the multiplier could rise to five or more. Still, the multiplier method overlooks your own personal and individual facts.

You could be struggling with your injuries more than most because of factors that are unique to you that are not captured in an “objective number.

Per Diem Method

If you are dealing with a shorter-term injury, the insurance company may use a per diem method that compensates you for each day of pain and suffering until you reach the point of recovery. Again, this measurement does not take your own situation into account. For example, you could have had a worse emotional reaction to your accident than most people.

An experienced personal injury lawyer would stand up for you, making sure that your voice is heard and your situation is considered in determining your personal injury compensation.

Contact a Southern Illinois Personal Injury Lawyer

The attorneys at Walton Telken get to know you and your situation before coming up with our own idea of what your case is worth. We understand that each client is a person with their own life situation and story.

To discuss your case, you can contact us online or call us today at 844-307-7349 The initial consultation is free.

Personal Injury FAQs

What if the insurance company will not offer me enough money?

You can take your case to court, and a jury will award you damages if they find that someone else was liable for your injuries.

How much will a personal injury cost me?

Nothing unless you win your case. We will not ask you for money upfront or during your case.

What if the insurance company is pressuring me to sign an agreement?

Always have your lawyer review and negotiate a settlement agreement on your behalf, or you could lose out on the money that you need.

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We’re a Midwest-based law firm, small by choice, with big impact. At Walton Telken, our mission is simple: achieve the best possible outcomes for each of our clients. Powered by our passion for victims’ rights and 150 years of combined legal experience, we work hard towards this goal every day—and we have the track record to prove it.

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We’re here to help recover maximum monetary damages to compensate you for your physical, financial and emotional losses. The personal injury lawyers at our firm understand your concerns and are committed to responding to your needs with strong advocacy and legal counsel. Contact our law firm today to schedule a free initial consultation to discuss your personal injury or work-related injury claim at one of our office locations in Illinois or Missouri.

At Walton Telken, trial practice is core to our DNA. We’re unafraid to fight on your behalf aggressively to ensure you recover the monetary damages you deserve.

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